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(영문) 부산고등법원 2014.06.12 2014노165 (1)
배임증재등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The entire group of products E-Glas Fberbers FG Type (e.g., launch, non-explos, HGA Type) produced by F Co., Ltd. (hereinafter referred to as “F”), including non-explic hotly ionion materials, as well as e-Gras ionic ions in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud, hereinafter referred to as “Fraud”) and fraud-related facts in the judgment of the court below.

B) Even if NAP-certified products are included in NEP-certified products, ① the Defendant was aware of the entire E-Glas FIber's product group, including non-explic diverified materials, and thus, the Defendant did not have any intent to deception, or ② the Defendant was aware of the fact that each low temperature material purchase contract entered into between the Defendant and the victims (hereinafter "the purchase contract of this case") is appropriate and efficient for the power plant, and economic ion was purchased. Since non-explicrative ions were more appropriate than non-explic ionic ions, it cannot be deemed as an implied deception even if the Defendant did not notify the victims of the fact that the object of the purchase contract of this case was not NEP-certified products. C) The Defendant did not have any defect in the power plant due to the installation of non-explic ionr ions under the purchase contract of this case and did not incur any loss to the victims, and thus there was no error in the misapprehension of legal principles or misapprehension of legal principles as to the crime of fraud.

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